Robinson v. Commissioner of Social Security
Filing
16
DECISION AND ENTRY re 15 Stipulation filed by Commissioner of Social Security : The Parties Joint Stipulation for Award of EAJA Fees (Doc. 15 ) is accepted and the Commissioner shall pay Plaintiffs attorney fees, costs,and expenses in the tota l amount of $4,500.00; Counsel for the parties shall verify, within thirty days of this Decision and Entry, whether or not Plaintiff owes a pre-existing debt to the United States subject to offset. If no such pre-existing debt exists, Defendant shall pay the EAJA award directly to Plaintiffs counsel pursuant to the EAJA assignment signed by Plaintiff and counsel; and case remains terminated on the docket of this Court.. Signed by Judge Thomas M. Rose on 3/26/18. (ep)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MARK ROBINSON,
Plaintiff,
vs.
NANCY A. BERRYHILL,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
: Case No. 3:16-cv-505
:
: District Judge Thomas M. Rose
: Magistrate Judge Sharon L. Ovington
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DECISION AND ENTRY
This case is before the Court on the parties’ Joint Stipulation for Award of EAJA
Fees. (Doc. #15). Specifically, the parties stipulate and petition this Court to enter an
order awarding attorney fees in the total amount of $4,500.00 under the Equal Access
to Justice Act (EAJA), 28 U.S.C. § 2412. This stipulation represents a compromise of
disputed positions and is not intended to set a precedent for any specific hourly rate.
The award of attorney fees will fully satisfy any and all Plaintiff’s claims for fees,
costs, and expenses under 28 U.S.C. § 2412, that may be payable in this case.
Any fees paid belong to Plaintiff and can be offset to satisfy any pre-existing
debt that Plaintiff owes the United States, pursuant to the decision in Astrue v. Ratliff,
560 U.S 586 (2010).
After the Court enters this award, if counsel for the parties can verify that
Plaintiff owes no pre-existing debts to the United States that are subject to offset,
Defendant will direct that the award be made payable to Plaintiff’s attorney pursuant to
the attorney’s fee assignment duly signed by Plaintiff and his counsel. Defendant will
direct the Treasury Department to mail any check in this matter to the business address
of Plaintiff’s counsel.
IT IS THEREFORE ORDERED THAT:
1. The Parties’ Joint Stipulation for Award of EAJA Fees (Doc. #15) is
accepted and the Commissioner shall pay Plaintiff’s attorney fees, costs,
and expenses in the total amount of $4,500.00;
2. Counsel for the parties shall verify, within thirty days of this Decision
and Entry, whether or not Plaintiff owes a pre-existing debt to the
United States subject to offset. If no such pre-existing debt exists,
Defendant shall pay the EAJA award directly to Plaintiff’s counsel
pursuant to the EAJA assignment signed by Plaintiff and counsel; and
3. The case remains terminated on the docket of this Court.
IT IS SO ORDERED.
Date: March 26, 2018
s/Thomas M. Rose
Thomas M. Rose
United States District Judge
2
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